201704.28
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FAQ: What Do You Say to People Who Dismiss Holistic, Integrative Law As Weird?

I get variations on this question a lot. Sometimes, I say something to the effect of, “Some people, who haven’t tried and benefited from Integrative Law, might have a difficult time imagining that it works. I invite them to try it, as there is very little risk, especially when considering the alternatives (e.g., continued litigation,…

201704.14
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FAQ: What Does It Mean to Be a “Neutral”?

Neutrals are third-parties. They aren’t part of the dispute to be arbitrated or mediated, and they aren’t likely to be significantly impacted by any resolution the primary parties create. Unlike your mom, who benefited from a quiet home when you and your sibling stopped fighting, the neutral typically receives no direct benefit from the resolution…

201704.07
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FAQ: Can I Choose a Mediator with Industry Experience?

Of Course! Mediation is all about the parties having a choice and the power they need to create their own resolutions. There are some disputes that involve complex issues, such as patents or engineering, and you might have greater confidence in a mediator who knows the lingo. In ethnic or religious conflicts, the parties might…

201704.03
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Types of People Who Might Prefer Mediation to Litigation

One website reports that the average number of federal tort, or injury, lawsuits filed each year in the United States is 512,000. From there, you can probably estimate that a large number of tort lawsuits are filed in state courts, too, since most motor vehicle accident, slip-and-fall, and property damage cases are filed in the…

201703.27
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Three Ways to Avoid an Unnecessary Permanency Classification

I have defended a lot of employers, workers compensation (“WC”) insurance carriers, and third-party administrators (“TPA”) in WC claims. Often, the cases we could be administering with minimal litigation end up with multiple hearings over periods of several years because the injured workers become increasingly disgruntled as the confusing process continues longer than they think…

201702.27
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Which of the Seven Choices Aren’t You Making?

In Chapter Two of my book, DIY Conflict Resolution: Seven Choices and Five Actions of a Master, I discuss the transtheoretical model (“TTM”) of behavioral modification. Before I started researching the science behind the effectiveness of mediation and my Third Ear Conflict Resolution process, I simply understood that I was choosing many of the experiences…